Many people who file a personal injury lawsuit are hoping that their case will get taken care of without having to go to court. There are many reasons for this. Some clients are busy and do not want to deal with the hassle of litigation, while others do not want to deal with the stress that can come with a court case.
While we do work to negotiate for a fair settlement, if the insurance company or individual being sued does not agree to a reasonable amount then we may need to take your case to court. The good news is that we have a strong personal injury record with both settlements and jury awards. Call Law Offices of Fernando D. Vargas at 909-982-0707 for a free case evaluation and read on to find out the three main steps involved that will be involved if your case goes to trial.
Step 1: Filing the Lawsuit
If we have not been able to get the at-fault party or their insurance company to agree to a reasonable settlement, then a lawsuit may be the only option left. This process starts when we file a complaint in the county court in which the accident took place. We then serve the third party with a summons and complaint via a third party process server. That third party then passes it on their insurance company and the insurance company will defend said third party.
This third party is called the “defendant” and is the person at fault for your accident. They have 30 days from the day they were served to file an answer with the court.
Step 2: Discovery
Next, the attorneys involved will request information from the other side. This is known as discovery. It generally involves a number of written questions, which are called interrogatories, as well as requests for physical evidence. Once all documents have been exchanged, depositions will be taken. This involves one party questioning the other about the case. Depositions are on record but are not done in a court room.
This is the point at which we may hire experts, as necessary. They may be medical experts that can explain your long-term medical costs, reconstruction experts who can show how the accident happened, or others. The experts are generally deposed and then questioned again at trial.
Step 3: The Trial
You can expect the trial to take place about a year after the lawsuit is filed. In some cases it may be quicker but it can also take many years to get to trial. You have no guarantee about the results of the trail, which is why most lawsuits are settled outside of court. Your trial will be before a judge or a judge and jury. They will decide if the at-fault party was indeed at fault, what (if any) damages you are entitled to, and your percentage of fault.
